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Patna High CourtCR. MISC./69253/2025allowed

Amit Kumar Tiwari v. The State Of Bihar

2025-09-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69253 of 2025 Arising Out of PS. Case No.-406 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== 1.

Amit Kumar Tiwari S/O Sunil Tiwari Resident of Vill.- Bangra, ward no.- 14, P.S- Kuchaikote, Dist- Gopalganj 2.

Ayush Kumar S/O Pappu Choubey Resident of Vill.- Bangra, ward no.- 14, P.S- Kuchaikote, Dist- Gopaganj 3.

Ankush Rai S/O Ramnaresh Rai Resident of Vill.- Bangra, ward no.- 14, P.S- Kuchaikote, Dist- Gopaganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in a case registered under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 270 litres illicit liquor was recovered from the Alto car.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case merely on suspicion. Petitioner no.1 is driver of the vehicle in question and petitioner nos.2 and 3 are friends of petitioner

Patna High Court CR. MISC. No.69253 of 2025(2) dt.24-09-2025 2/2 no.1. Petitioners are not the owner of the said vehicle. Nothing has been recovered from conscious possession of the petitioners. Petitioners have no concern with the seized liquor. There is no independent witness of the seizure list. Petitioners are in jail since 18.07.2025 having no criminal antecedent and they undertake to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Excise P.S. Case No.406 of 2025.

(Sunil Dutta Mishra, J) Harish/- U T